THE CONSTITUTION, THE RULE OF LAW AND MR ZUMA
The National Prosecuting Authority's (NPA) decision last week not to proceed with the prosecution of Mr Jacob Zuma may be identified by future historians as the point at which South Africa began to stray from the rule of law. In essence, the rule of law requires that all citizens should be equal before the law and that everyone should acknowledge the supremacy of the law.
The NPA's announcement cannot be seen in isolation. It followed the ANC's decision at Polokwane to abolish the NPA's Directorate of Special Operations (the Scorpions); President Motlanthe's questionable dismissal of the previous National Director of Public Prosecutions (NDPP), Adv Vusi Pikoli; the transparently engineered early release from prison of Mr Schabir Shaik; and Mr Zuma's comments last week on the Constitutional Court.
The cumulative effect of these developments has been to raise serious doubts regarding the continuing independence of the NPA and the continuing supremacy of the rule of law. There is serious reason for concern that powerful political leaders - and not the NDPP - will in future determine who will be, and who will not be, prosecuted. All this opens the way to impunity for those who control the government.
Despite allegations that they were politically manipulated, the Scorpions fearlessly and effectively investigated fraud and corruption involving senior politicians and public servants - including Schabir Shaik, Mr Zuma, the so-called Travelgate MPs and Commissioner of the SAPS, Jackie Selebi. Their abolition was one of the priorities of the ANC's Conference at Polokwane.
Adv Pikoli manifested his independence and integrity when he refused to bow to presidential pressure with regard to the prosecution of Commissioner of Police Selebi. The Ginwala enquiry - which was appointed by President Motlanthe as part of the dismissal process - found that he was a fit and proper person and recommended that his services should be retained. Nevertheless, President Motlanthe and parliament proceeded with his dismissal.